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North Carolina - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in North Carolina

Instant or POCT Testing

Restrictions

Pre-employment testing only

Drug Panels

No Restrictions

Laboratory

Restrictions

Must be SAMHSA or CAP certified.

Medical Review Officer (MRO)

Not Required

Recommended to prevent exposure to liability and to have consistent reporting of drug testing results.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes, address in company policy

Terminate employee for misconduct. See NC § 96-14.6. Disqualification for misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes, available

Denial of workers comp claim based on §97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

Yes

Requires employers to report DOT positive drug and alcohol tests on NC CDL holders to the State using a standard “Positive Drug Test Report” form. Under the NC statute, the driver’s CDL is suspended until the driver or the employer provides proof of successful completion of the SAP assessment and treatment/rehabilitation process.

General Statute